1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that the plaintiff sufficiently pleaded actual or constructive notice for her negligence claims but failed to adequately plead a claim for negligent training and punitive damages.
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The court held that the plaintiff sufficiently alleged facts to establish subject-matter jurisdiction regarding the IRS employee status of the individual who disclosed his tax information, but failed to sufficiently allege actual damages for his Privacy Act claim.
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The Court denied in part and granted in part the defendants' motions to dismiss. Counts I and II for breach of contract and breach of the implied covenant of good faith and fair dealing against USARE were allowed to proceed, applying New Jersey law. Counts IX through XII for frau
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M.D. Fla.·
2024-04-19
A sheriff's office is not a suable entity under Florida law, and claims challenging the validity of a conviction are barred by Heck v. Humphrey unless the conviction has been invalidated.
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The court held that the plaintiff's complaint was an impermissible shotgun pleading and dismissed it without prejudice, granting leave to amend.
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The court held that the plaintiff's complaint failed to state a plausible claim for deliberate indifference to serious medical needs.
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The court held that the plaintiff adequately pleaded claims for religious discrimination under Title VII and the FCRA, and for breach of contract, thus denying the defendants' motion to dismiss.
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The court held that the plaintiffs' allegations, if true, plausibly suggest intentional discrimination and are sufficient to survive a motion to dismiss, as discovery is needed to determine if the conduct meets the threshold for adverse employment actions.
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M.D. Fla.·
2024-04-11
The court granted in part and denied in part the motion to dismiss, dismissing Counts I and III without prejudice and denying dismissal for Count II.
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M.D. Fla.·
2024-04-11
The court held that Eleventh Amendment immunity bars most of the plaintiff's claims, and the ADA claim fails as a matter of law because emotional support animals are not protected under Title II.
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S.D. Fla.·
2024-04-09
The court held that the plaintiff's claims under the Florida Drug and Cosmetic Act and FDUTPA were preempted by the Federal Food, Drug, and Cosmetic Act because they constituted an impermissible attempt to privately enforce federal law.
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The court held that the plaintiff's civil rights claim was properly dismissed because it failed to state a plausible claim and was barred by the statute of limitations.
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A complaint alleging false arrest based on a warrant must be dismissed as it fails to state a claim for malicious prosecution, and claims lacking factual allegations of no probable cause are also dismissed.
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The court held that the attached documents did not contradict the complaint's allegations, and the complaint stated a plausible claim for breach of contract.
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The court held that the product packaging, despite using Mexican imagery and Spanish words, did not mislead a reasonable consumer into believing the product was made in Mexico due to a clear and prominent disclaimer stating it was distributed from California.
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The court granted NASCAR's motion to dismiss, granted in part Koutoulas's and LGB Entities' motions, and denied Horsman's motion and plaintiffs' motions as moot. The court also dismissed claims against Horsman and the Foundation for improper addition as parties.
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M.D. Fla.·
2024-03-29
A female employee sued Crowley Maritime Corporation and her supervisor Juan Emilio Blanco for sex trafficking under the federal Trafficking Victims Protection Act (TVPRA) and for sexual battery under Florida law, alleging that she was recruited and transported to Jacksonville for
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The court held that the plaintiff's allegations sufficiently stated claims for deliberate indifference to a serious medical need and a specific condition of confinement against Aramark, and for personal involvement in constitutional violations against Ms. Pierre, allowing the cas
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S.D. Fla.·
2024-03-22
The court held that Plaintiff failed to exhaust administrative remedies for most claims, but granted leave to amend the complaint to focus on the claim for which remedies were exhausted. The court also held that Florida's pre-suit notice requirements for medical malpractice do no
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M.D. Fla.·
2024-03-22
The court held that Counts 7, 9, and 10 of the Second Amended Complaint are dismissed as duplicative of other counts.
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M.D. Fla.·
2024-03-21
The court held that a plaintiff's claims for false arrest against one defendant and construed malicious prosecution claims against others were dismissed with prejudice for failure to state a claim, while other claims were allowed to proceed.
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The court held that the defendant, as a furnisher of information, cannot be liable under FCRA sections imposing duties on consumer reporting agencies.
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M.D. Fla.·
2024-03-08
Diana Percival sued a county sheriff and two deputies after they assisted her ex-boyfriend in entering her home without a warrant or valid consent and subsequently arrested her following a physical altercation. The court granted in part and denied in part the defendants' motions
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Del. Super. Ct.·
2024-03-07
The court denied the defendants' motion to dismiss, finding that they failed to demonstrate the overwhelming hardship required for dismissal on the grounds of forum non conveniens. The court also found that the plaintiffs' complaint sufficiently stated claims for negligence and f
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S.D. Fla.·
2024-03-06
The court held that the plaintiff's amended complaint was an impermissible shotgun pleading and granted the motion to dismiss.
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M.D. Fla.·
2024-03-06
The court granted in part and denied in part the motion to dismiss, finding the breach of contract claim must be arbitrated and stayed, while the Defend Trade Secrets Act claim was dismissed without prejudice for failing to adequately plead the interstate commerce element.
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M.D. Fla.·
2024-03-05
The court held that a plaintiff must exhaust administrative remedies before seeking judicial review of a Social Security decision, and failure to do so requires dismissal for lack of subject matter jurisdiction.
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The court held that the defendant's motion to dismiss the amended complaint is denied because the plaintiffs sufficiently alleged facts to state a claim for inverse condemnation.
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The court held that the plaintiff's second amended complaint failed to state a claim upon which relief could be granted and lacked subject matter jurisdiction.
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A defendant cannot use state statutory immunity to shield herself from liability under the federal Fair Housing Act, especially when willful violations are alleged.
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The court held that plaintiff sufficiently alleged claims for race discrimination, sex discrimination, retaliation, and disability discrimination, but dismissed the constructive termination claim for failure to exhaust administrative remedies.
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M.D. Fla.·
2024-02-26
The court dismissed most claims for shotgun pleading and failure to state a claim, but granted leave to amend for most counts, finding that a pro se plaintiff should have at least one opportunity to cure deficiencies.
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M.D. Fla.·
2024-02-23
The court adopted the Magistrate Judge's recommendation to dismiss most claims, finding some were impermissible shotgun pleadings and others failed to state a claim under Title VII and the FCRA.
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The court held that a plaintiff must plead specific facts showing temporal proximity or other evidence of causation to support an FLSA retaliation claim, and vague allegations of hostility are insufficient.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to insufficient factual allegations.
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The court held that the plaintiff's complaint, while containing sufficient allegations for discrimination and retaliation claims, was dismissed as a shotgun pleading due to improper mixing of claims and confusing paragraph structure, with leave to amend.
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The court held that a public official is not entitled to absolute immunity for defamation if the statements were not made within the scope of her official duties, particularly when she lacked supervisory authority over the plaintiff.
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S.D. Fla.·
2024-02-13
Stephanie Edmunds sued Asurion entities for race discrimination and retaliation under Title VII, but the district court dismissed her claims for multiple independent reasons, including her failure to properly serve the defendants, failure to exhaust administrative remedies within
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Del. Super. Ct.·
2024-02-13
The court granted the defendants' motion to dismiss, finding that the plaintiffs failed to state claims for civil conspiracy and aiding and abetting fraud. The court held that the plaintiffs did not sufficiently plead facts to invoke the personal motivation exception to the rule
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S.D. Fla.·
2024-02-12
Willie Mae Jackson, a hearing-impaired woman, was terminated from her job as a driver for rideshare company Alto Experience, Inc. nine days after beginning employment because she could not use the company's required in-ear headset due to her hearing aid, despite offering a Blueto
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S.D. Fla.·
2024-02-08
The court held that the plaintiff's claims, premised on a lease being a negotiable instrument under the UCC, failed because Florida landlord-tenant law governs residential leases, not the UCC, and the amended complaint also lacked proper jurisdictional allegations.
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Fla. 2d DCA·
2024-02-07
When a defendant files a facially sufficient motion to withdraw a guilty plea alleging counsel misrepresented the terms of the plea bargain, the trial court must afford an evidentiary hearing; the court erred in dismissing the motion solely on timeliness grounds and without addre
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Fla. 2d DCA·
2024-02-07
The appellate court reversed a trial court's order revoking probation and imposing a prison sentence. The court found that the trial court improperly dismissed the defendant's motions to withdraw his guilty plea, which were timely filed and contained allegations sufficient to war
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M.D. Fla.·
2024-02-07
The court held that the defendant's motion to dismiss based on res judicata and claim-splitting principles is denied.
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Shenzhen Hengzechen Technology Co., Ltd. sued multiple defendants for patent infringement under 35 U.S.C. § 271, alleging they manufactured and sold products infringing its utility patent for an under-sink waterproof mat. Four defendants moved to dismiss, arguing the complaint fa
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The court held that the plaintiff failed to state a plausible claim under 42 U.S.C. § 1983 against the defendants due to insufficient factual allegations regarding jurisdiction and supervisory liability.
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A plaintiff need not plead facts sufficient to establish a prima facie case under McDonnell Douglas to survive a motion to dismiss for claims under 42 U.S.C. § 1981.
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The court held that defendants' objection to the magistrate judge's report regarding the FLSA anti-kickback provision claim was overruled, and the motion to dismiss was denied.
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The court held that a claim for deliberate indifference to a serious medical need against a county is plausible on its face, but a state law claim for negligent supervision is barred by failure to comply with statutory pre-suit notice requirements.
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S.D. Fla.·
2024-01-31
The court held that the complaint sufficiently alleged constructive notice of a dangerous condition through prior substantially similar incidents, thus surviving a motion to dismiss for failure to state a claim. However, the court found the allegations of actual notice to be conc